BALU @ BALARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition under section 397 r/w 401 Cr.P.C. is against an order dated 26.11.2008 in Crl.A.No.31/2008 on the file of Fast Track Court-IV, Mandya, whereby the appeal filed by the revision petitioner-accused against his conviction for the offences punishable under sections 454 and 380 IPC by JMFC, Srirangapatna in C.C.No.465/2004 came to be dismissed by judgment dated 17.1.2008.

(2.) The facts which gave rise to this revision petition are as under:-

(3.) The accused denied both the charges levelled against him. The prosecution in order to prove the charges examined PWs-1 to 11, marked Exs-P-1 to P-17 apart from M.Os.1 to 3. The learned Magistrate after hearing the submission made by the Prosecutor and the defence counsel and on appreciation of evidence found that the accused trespassed into the house of the complainant and committed theft of gold ornaments and cash which resulted in his conviction by judgment dated 17.1.2008 for the offences punishable under sections 454 and 380 IPC and was sentenced to undergo simple imprisonment for three years and to pay fine of Rs.2,000/- on each count.